Sean Carson wrote:
I'm writing an oper(a) based on Hammett's _Red Harvest_. A
workshop version of one scene will be performed soon...
>
> Tuesday, April 25, 8pm
> The Great Hall at Cooper Union
> Cooper Square betw. 3rd & 4th Aves.
> New York, NY (subway: #6 to Astor Place)
>
> admission is free.
>
Dear Sean Carson:
Your Red Harvest Opera sounds like an astonishing concept.
But reasonable. However, the rights to Red Harvest are
copyright protected. The Hammett estate is very vigilant--and
also kind and understanding. I recommend you contact the
estate's current agent, Jane Gelfman.
I am not certain, but I believe at one time my Hollywood
agent (when I had a Hollywood agent for Black Mask) told me a
client of hers had rewritten a movie script of that property
a number of times for a fellow whose name I don't recall--but
who said agent told me had somehow acquired all non
publication rights to Red Harvest. Seems unlikely. But
anything is possible.
As the owner, proprietor, successor-in-interest, and
conservator of many pulp magazines, including BLACK MASK, I
just wanted to let you know we copyright controllers can get
pretty upset about unauthorized use of rights. At minimum you
want a limited performance right license--if the estate were
to get very formal about these things.
If you haven't considered these issues, I recommend just
going ahead with the performance; but courtesy really
requires that you attempt to inform the estate. Probably
nothing will happen, or at minimum a legal notice might be
sent by the owner to show no intention to abandon any rights
to the property.
The rights situation with material from the old pulps is
generally in a state of lost records and confusion. This is
an interesting topic because without pirated editions, we
would not have access to some very important material: FAST
ONE, a great novel by Paul Cain--Peter Ruric--for instance
was brought out a number of years ago by a London publisher.
Who then accepted license fees for the publication of stories
from Black Mask that were copyright protected by my
predecessor in interest, Popular Publications.
A related problem is that thousands of images from the pulps
are being published and sold on the web as if they were
public domain, many of which are protected. Movie posters,
too.
As my Black Mask Web Site matures, I intend to offer free
downloads of illustrated stories--with printed upgrade
pamphlets available at modest prices which will include three
or four additional stories. But just because an owner gives
copies of works away, it doesn't mean that she is giving away
copyrights.
THE BLACK MASK MAGAZINE SITE In answer to many personal
emails regarding the time frame for the Black Mask Magazine
site: my software team tells me it will be up by the end of
next week, so, based on experience, I am hoping it will be up
by the following week.
Keith Alan Deutsch
keithdeutsch@earthlink.net
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